Terms & Conditions

TERMS AND CONDITIONS OF USE FOR ALL VISION FORECASTING SOFTWARE

YOU SHOULD CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS ALONG WITH
ANY ACCOMPANYING DOCUMENTATION BEFORE USING THE SOFTWARE (THE SOFTWARE
AND ITS DOCUMENTATION WILL BE REFERRED TO HEREIN AS THE "SOFTWARE").
THIS DOCUMENT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU ("THE USER")
AND VISION FORECASTING.

USE OF THE SOFTWARE MEANS THAT YOU ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO
NOT AGREE WITH THESE TERMS AND CONDITIONS, THEN VISION FORECASTING IS UNWILLING
TO LICENSE THE SOFTWARE TO YOU, AND YOU SHOULD NOT USE THE SOFTWARE - EVALUATION
VERSION OR OTHERWISE. BY INSTALLING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE
READ THESE TERMS AND CONDITIONS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU ARE NOT AUTHORIZED AND
MAY NOT USE THE SOFTWARE.

EVALUATION SOFTWARE. WHERE THE SOFTWARE IS PROVIDED IN AN EVALUATION VERSION
THE USER MAY USE THIS VERSION IN A NON-COMMERCIAL SITUATION TO EVALUATE THE
PRODUCT. USE OF THE SOFTWARE IN A LIVE RETAIL SITUATION
WITHOUT PURCHASING THE APPROPRIATE SOFTWARE LICENSE IS NOT PERMITTED UNDER ANY CIRCUMSTANCES.

SINGLE COPY SOFTWARE LICENSE. THE SOFTWARE IS COPYRIGHTED AND PROTECTED
BY LAW AND INTERNATIONAL TREATY. PURCHASE OF THE SOFTWARE IS PURCHASE OF A
LICENSE, NOT A TRANSFER OF TITLE, AND YOU MAY NOT, NOR PERMIT ANYONE ELSE
TO, (A) MODIFY THE SOFTWARE OR USE IT FOR ANY COMMERCIAL PURPOSE INCLUDING
SALE OR RENTAL; (B) DECOMPILE, REVERSE ENGINEER, OR DISASSEMBLE, MODIFY, OR
CREATE DERIVATIVE WORKS BASED ON THE SOFTWARE OR THE DOCUMENTATION IN WHOLE
OR IN PART; (C) REMOVE ANY COPYRIGHT OR OTHER VISION FORECASTING OR PROGRAM
PROPRIETARY NOTICES; OR (D) TRANSFER THE SOFTWARE TO ANOTHER PERSON. YOU AGREE
TO PREVENT ANY COPYING OR UNLICENSED USE OF THE SOFTWARE. VISION FORECASTING
RESERVES THE RIGHT TO TAKE WHATEVER ACTION NECESSARY TO PREVENT UNAUTHORIZED
USE OF THE SOFTWARE, INCLUDING BUT NOT LIMITED TO DEACTIVATION OF SOFTWARE
WHICH IS UNLICENSED OR INCORRECTLY LICENSED.

OWNERSHIP. THE SOFTWARE IS COPYRIGHTED PROPRIETARY MATERIAL OF VISION FORECASTING
AND MAY NOT BE COPIED, REPRODUCED, MODIFIED, PUBLISHED, UPLOADED, POSTED,
TRANSMITTED, OR DISTRIBUTED IN ANY WAY, WITHOUT VISION FORECASTING'S PRIOR
WRITTEN PERMISSION. ALL SOURCE CODE AND THE ALGORITHMS CONTAINED WITHIN ARE
THE PROPERTY OF VISION FORECASTING.

DISCLAIMER OF WARRANTY AND LIMITATION ON DAMAGES. IN NO EVENT SHALL VISION
FORECASTING NOR ANY PERSON ASSOCIATED WITH THIS ENTITY BE LIABLE TO ANY PARTY
FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES
ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF OR INABILITY TO USE THIS SOFTWARE,
INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS
OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE,
EVEN IF VISION FORECASTING HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN ABSOLUTELY NO EVENT SHALL VISION FORECASTING'S LIABILITY
EXCEED THE PRICE PAID FOR THE SOFTWARE. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

VISION ONLINE / VIDEO VISION ONLINE. ALL SETUP COSTS AND ADVANCE SUBSCRIPTIONS PAID FOR ONLINE ARE NON-REFUNDABLE AND NON-TRANSFERABLE. A THIRD PARTY SPECIALIST WEB HOST (CHOSEN AT THE DESCRETION OF VISION FORECASTING) WILL BE USED TO HOST THE ONLINE SITE.
IN NO EVENT SHALL VISION FORECASTING NOR ANY PERSON ASSOCIATED WITH THIS ENTITY BE LIABLE TO ANY PARTY FOR DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE UNAVAILABILITY OR MALFUNCTION OF THE ONLINE
SERVICE DURING ANY GIVEN PERIOD OF TIME, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS OR BUSINESS INTERRUPTION EVEN IF VISION FORECASTING HAS BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ABSOLUTELY NO EVENT SHALL VISION FORECASTING?S LIABILITY
EXCEED THE SUBSCRIPTION COST OF ONLINE FOR THE PERIOD THAT IT IS UNAVAILABLE. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

DATA COLLECTION AND USAGE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ALL
DATA (INCLUDING IMAGE FILES) COLLECTED AND STORED USING THE SOFTWARE COMPLIES
WITH LOCAL AND INTERNATIONAL DATA PROTECTION, COPYRIGHT AND PRIVACY LAWS.
THE PROVISION OF FACILITIES FOR COLLECTING OR USING A CERTAIN PIECE OF INFORMATION
DOES NOT MEAN THAT YOU DO NOT NEED PERMISSION FROM THE CUSTOMER/COPYRIGHT
HOLDER TO COLLECT AND/OR USE THAT INFORMATION. YOU ARE RESPONSIBLE FOR ENSURING
THAT ALL DATA IS COLLECTED, RETAINED AND USED IN A MANNER THAT CONFORMS TO
THE LAWS ACTIVE IN YOUR JURISDICTION.

TECHNICAL SUPPORT. INCLUDED WITH THE PURCHASE OF A LICENSE FOR VIDEO VISION
PLUS IS A PERIOD OF SIX MONTHS PROGRAM SUPPORT WITH A MAXIMUM OF 6 SUPPORT
INCIDENTS.
INCLUDED WITH THE PURCHASE OF STANDARD LICENSE FOR COSTUME VISION, TUXEDO VISION OR RENTAL VISION IS A
PERIOD OF ONE MONTH OF PROGRAM SUPPORT WITH A MAXIMUM OF THREE SUPPORT
INCIDENTS.
INCLUDED WITH THE PURCHASE OF PREMIUM LICENSE FOR COSTUME VISION, TUXEDO VISION OR RENTAL VISION IS A
PERIOD OF THREE MONTHS OF PROGRAM SUPPORT WITH A MAXIMUM OF THREE SUPPORT
INCIDENTS.
INCLUDED WITH THE PURCHASE OF ULTIMATE LICENSE FOR COSTUME VISION, TUXEDO VISION OR RENTAL VISION IS A
PERIOD OF SIX MONTHS OF PROGRAM SUPPORT WITH A MAXIMUM OF SIX SUPPORT
INCIDENTS.
INCLUDED WITH THE PURCHASE OF A LICENSE FOR VIDEO VISION LITE IS
A PERIOD OF THREE MONTHS PROGRAM SUPPORT WITH A MAXIMUM OF THREE SUPPORT
INCIDENTS.
IF NO CURRENT SUPPORT ENTITLEMENT
IS HELD FOR VIDEO VISION/LIBRARY VISION/COSTUME VISION/RENTAL VISION, PURCHASE
OF A LICENSE FOR AN ADD-ON MODULE INCLUDES TECHNICAL SUPPORT FOR INITIAL SETUP
ONLY. ALL SUPPORT WILL BE CONDUCTED VIA EMAIL. AS EACH SUPPORT CASE IS UNIQUE,
WHAT IS AND WHAT IS NOT INCLUDED WITHIN TECHNICAL SUPPORT IS AT THE SOLE DISCRETION
OF VISION FORECASTING. AS A GUIDE, ITEMS SUCH AS INSTALLATION HELP, QUESTIONS
REGARDING APPROPRIATE DATA FOR ENTRY IN A SPECIFIC CASE, QUESTIONS ON SOFTWARE
USE, AND GENERAL TROUBLESHOOTING WILL NORMALLY BE PROVIDED, HOWEVER, SUPPORT
WILL NOT USUALLY INCLUDE DATA REPAIR OR CONVERSION, HARDWARE SUPPORT, OR SOFTWARE
CUSTOMIZATION. VISION FORECASTING RESERVES THE RIGHT TO WITHDRAW SUPPORT FROM
ANY CUSTOMERS WHO DO NOT CONDUCT SUPPORT DISCUSSIONS IN A SUITABLY COURTEOUS
MANNER.

DOWNLOADS. PRODUCTS THAT REQUIRE INSTALLATION ON THE USER'S COMPUTER ARE
DISTRIBUTED IN ELECTRONIC FORM ONLY (VIA DOWNLOAD). DOWNLOADS ARE AVAILABLE
FOR A LIMITED TIME ONLY. THE USER SHOULD ENSURE THAT BACKUP COPIES OF ANY
REQUIRED INSTALLATION FILES ARE MADE TO AN APPROPRIATE EXTERNAL BACKUP MEDIA
(FOR EXAMPLE CD-R) FOR USE IN THE EVENT THAT IT IS NECESSARY TO REINSTALL
THE SOFTWARE IN THE FUTURE. IT IS THE USER'S RESPONSIBILITY TO MAKE THESE
BACKUPS AND AN ADMINISTRATION CHARGE WILL APPLY IN THE EVENT THAT REPLACEMENTS
ARE REQUIRED.

THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE.
THE USER SHOULD PERIODICALLY CONSULT THE VISION FORECASTING WEBSITE
AT WWW.VISION-FORECASTING.COM FOR ANY UPDATES TO THESE TERMS AND CONDITIONS
OF USE.

THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN THE PARTIES
AND SUPERSEDES ALL OTHER COMMUNICATIONS, WRITTEN OR ORAL BETWEEN THE
USER AND VISION FORECASTING.